Chapter 6 - CEMETERIES AND BURIALS

Sec. 6-1. - Burial to be in designated grounds; exceptions.#

No person shall bury or cause to be buried the body of any deceased person in the town except in such grounds as are designated as burying grounds and authorized to be used as such, provided that this section shall not apply to family burial lots located upon private land in sparsely settled sections of the town, nor to the burial of the dead in cemeteries already established.

(Code 1970, § 6-1; Comp. Ords., ch. 3, § 1)

Sec. 6-2. - Permission required to establish cemeteries.#

No cemetery shall hereafter be located within the town except upon permission granted by the town council.

(Code 1970, § 6-2; Comp. Ords., ch. 3, § 2)

Sec. 6-3. - Burials prohibited in certain grounds.#

Bodies shall no longer be interred in that certain private burying ground or burying plot located on the easterly side of Lockwood Street, a short distance north of the northeast corner of Lockwood Street and Cowesett Avenue.

(Code 1970, § 6-3; Res. of 16-10-1958, § 1)

State Law reference— Authority to prohibit burials in specified grounds, Laws 1958, ch. 127.

Sec. 6-4. - Regulations for excavating around cemeteries.#

The town shall not permit construction, excavation or other ground disturbing activity within 25 feet of a recorded historic cemetery, except in compliance with the following provisions: (1)

A written application must be filed with the town engineer with a payment of a review fee, to be set from time to time by resolution of the town council, and the proposed construction or excavation has been reviewed and approved by the town engineer;

(2)

The applicant must ensure the boundaries of the cemetery are adequately documented and provide written analysis that there is no reason to believe additional graves exist outside the recorded cemetery. In addition, a written statement by a licensed engineer must document that the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment; or

(3)

Whenever an unmarked cemetery or human skeletal material is inadvertently located during any construction, excavation, or other ground disturbing activity, including archaeological excavation, the building official of the town shall be immediately notified. The building official shall, in turn, notify the state medical examiner and the state historic preservation commission if the grave, cemetery, or skeletal material appears to be historic. Prior to the continuation of any further construction, excavation, or other ground disturbing activity, and unless the provisions of G.L. 1956, § 23-18-7 shall apply, the property owner shall undertake an archaeological investigation to determine the boundaries of the unmarked cemetery and shall so inform the building official. In the event that the cemetery meets the criteria for a historic cemetery, the building official shall so advise the recorder of deeds of the town who shall record and register the cemetery in accordance with the provisions of G.L. 1956, § 23-18-10.1.

(Code 1970, § 6-4; Ord. No. 2007-10, 6-5-2007; Ord. No. 2013-46, 10-1-2013)

Sec. 6-5. - Historical cemetery commission.#

(a)

Purpose. The town has created a historical cemetery commission which shall:

(1)

Establish an inventory of all known historical cemetery locations within the town;

(2)

Develop plans and programs to restore, rehabilitate, and maintain historical cemeteries;

(3)

Recommend to the town council such actions as may be necessary to implement such plans and programs; and

(4)

Investigate public and private resources to accomplish its plans and programs.

(b)

Membership. The membership of the historical cemetery commission shall consist of no more than five members, who must be residents of the town. The members shall be appointed by the town council and represent each of the five wards in the town.

(c)

Terms of office of members.

(1)

Upon passage, the town council shall appoint the five members to hold office on the following staggered terms:

a.

Two to hold office for a one-year term.

b.

Two to hold office for a two-year term.

c.

One to hold office for a three-year term.

(2)

Thereafter, as the initial terms expire, the town council will appoint or re-appoint the expired seats for three-year terms. The existing expiring members will continue to hold their seats until the new appointments are made.

(d)

Nonattendance of members. In the event that any member of the historical cemetery commission shall be absent for four consecutive commission meetings, he may be replaced by the town council at the request of the existing members. Such new replacement member will serve out the remaining term of the absent member.

(e)

Acceptance of support or money. The historical cemetery commission shall have the authority to accept public support and funding from individuals and others for the purpose of carrying out the purposes of this section. All funding shall be deposited in a special account established by the town finance director, and shall be deposited and disbursed under the rules and procedures established by the finance director. The commission shall provide the finance director with a quarterly report on all financial activities involving the commission.

(f)

Appropriations by town council. The town council may, at its discretion, appropriate funds to the commission to carry out the purposes outlined in this section.

(Code 1970, § 6-5; Ord. No. 2008-7, 5-6-2008)